A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of __________, 2026, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
HARRIS & ASSOCIATES, INC., a California corporation,
hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of engineering and consulting firms to provide professional engineering and design services, and/or other consulting services related to the Anaheim West Tower Bollard Project (collectively, the “Services”); and WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT dated January 15, 2026 ("Proposal"), has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. SERVICES TO BE PROVIDED BY CONSULTANT
1.1 In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in the CONSULTANT’s Proposal dated January 15, 2026 , attached hereto as Exhibit “A” and incorporated herein and in the Request for Proposal (“RFP”) issued by ANA HEIM, a copy of which is available in the Department of Public Works upon request and are both incorporated herein by this reference ("Scope of Services").
In the event of conflicting provisions, the provisions shall govern in the following order: (1) this Agreement, (2) the RFP, and (3) the Proposal.
1.2 Non-Exclusive Agreement . CONSULTANT acknowledges that ANAHEIM may enter into agreements similar to this Agreement with other consultants. It is understood and agreed that any Services to be performe d pursuant to this Agreement will be awarded to the CONSULTANT that ANAHEIM determines, in its sole discretion, to be most qualified to provide such Services to ANAHEIM.
1.3 Progress Reports. A. CONSULTANT shall submit progress reports at least once a mo nth. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
CONSULTANT’s Project Manager shall meet with ANAHEIM’s Contract Administrator, as needed, to discuss progress on the contract.
2. TERM
The term of this Agreement shall commence on the Effective Date of this Agreement as set forth in Section 55 herein, and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of th is Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONSULTANT to perform the Services in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.
3.2 The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and witho ut the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, sabotage, restraint by court
3 order or public authority and action or non -action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shal l within ten (10) days of the commencement of such delay notify the Project Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for performing the Servic es for the period of the enforced delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused, CONSULTANT's sole remedy shall be an extension of th is Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.
4. COMPENSATION
4.1 ANAHEIM shall pay CONSULTANT for the Services rendered, pursuan t to this Agreement, in the amount of One Hundred Ninety-Six Thousand, Eight Hundred Ninety Dollars and No/100 Cents ($196,890.00) pursuant to the fee proposal set forth in Exhibit A and incorporated herein by reference (“Schedule of Compensation"). CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibit A shall be made during the term of this Agreement without the prior written approval of ANAHEIM.
4.2 Extra Work. The Director of Public Works is authorized to a pprove additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of Twenty-Nine Thousand, Five Hundred Thirty-Three Dollars and 50/100 Cents ($29,533.50 ) if the Director of Public Works determines, in her sole discretion, that the additional Extra Work is necessary for the successful completion of the Services.
.01 In no event shall CONSULTANT render Extra Work beyond the scope of this Agreement without the written authorization of the Director of Public Works. .02 All Extra Work approved in writing by the Director of Public Works shall be billed at either the rates set forth in the Schedule of Compensation or at a fixed price, at ANAHEIM’s sole discretion. If bi lled at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price. At such time as the Director of Public Works has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided herein, no additional Services or Extra Work beyond the scope of this Agreement shall be rendered by CONSULTANT unless previously authorized in writing by the City Manager. .04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is
4 not included within the Scope o f Services and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
4.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed the fixed fee of Two Hundred Twenty-Six Thousand, Four Hundred Twenty-Three Dollars and 50/100 Cents ($226,423.50).
4.4. CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.
4.5 All Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget.
ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of th e adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, services provided, monies paid and monies due.
4.6 CONSULTANT agrees that the Contract Cost Principles and Procedur es, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been m ade to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to ANAHEIM.
4.7 It is mutually unde rstood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
4.8 This contract is valid and enforceable only, if sufficient funds are made available to ANAHEIM for the purpose of this contract. In addition, this contract is subject to any additional restrictions, l imitations, conditions, or any statute enacted by the Congress, State Legislature, or ANAHEIM governing board that may affect the provisions, terms, or funding of this contract in any manner.
5 4.9 It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.
4.10 ANAHEIM has the option to void the contract under the 30-day termination clause pursuant to Section 25, or by mutual a greement to amend the contract to reflect any reduction of funds.
4.11 The method of payment for this contract will be based on actual cost plus a fixed fee. ANAHEIM will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, trav el, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds ANAHEIM’s approved o verhead rate set forth in the Cost Proposal. In the event, that ANAHEIM determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by ANAHEIM shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “H” shall not be exceeded, unless authorized by contract amendment.
4.12 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
4.13 When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
4.14 Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit t he required deliverable items according to the schedule set forth in the Statement of Work, ANAHEIM shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
4.15 No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.
4.16 CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by ANAHEIM’s Contract Administrator of itemized invoices in triplica te.
Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipul ated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due ANAHEIM including any equipment purchased under the provisions of Equipment Purchase of this Agreement. The final invoice should be submitted within 60 calendar
6 days after completion of CONSULTANT’s work. Invoices shall be mailed to ANAHEIM’s Contract Administrator at the following address:
Contract Administrator
200 S. Anaheim Blvd., 2nd Floor,
Anaheim, CA 92805
4.17 Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by ANAHEIM’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
5. PROJECT MANAGER
5.1 CONSULTANT shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. It is expressly understood that the experience, knowledge, capability and reputation of the Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the Project Manger shall be responsible during the Term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The Project Manager may not be changed by CONSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The employees of the Public Works Department shall be authorized to take the following actions pursuant to this Agreement:
(i) The Director of Public works is authorized to take any and a ll actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance with Section 25 of this Agreement.
(ii) The Project Administrator is authorized to take those specific acti ons set forth herein and review and approve all Services performed by CONSULTANT under this
7 Agreement. The Project Administrator shall not be authorized to approve Extra Work, change billing rates or terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 CONSULTANT shall perform all Services under thi s Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professi onal calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.
8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully c onsidered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement.
Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proceed except at CONSULTANT's risk until written instructions are received from ANAHEIM.
9. INDEPENDENT CONTRACTOR
9.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligations as are consistent with that role. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any
8 benefits, including, but not limited to, worker's compensation, disability, r etirement, life, unemployment, health or any other benefits and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor e against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
Without limiting ANAHEIM’S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, minimum limits of insurance coverage as follows:
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000.
Commercial General Liability Insurance , including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Independent CONSULTANT’S Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate. Such insurance shall be written on a primary basis but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, prior to the inception of this Agreement.
Commercial Automobile Liabi lity Coverage as required by California law, including—as applicable —owned, non -owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit.
Professional Liability Insurance, inclusive of Cyber Liability Insurance wh ere required, in an amount not less than $2,000,000. Such insurance shall be written on a primary basis but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self -insured retention is d isclosed to ANAHEIM, in writing, at the inception of this Agreement.
Any required coverage written with primary and excess layers to satisfy the minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.
CONSULTANT is responsible for the satisfaction of any deductible or self -insured retention obligation.
CONSULTANT agrees that this insurance shall not be voluntarily cancelled by CONSULTANT or limited in scope or coverage by CONSULTANT until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non -payment of premium, which requires notice of not less than ten (10) days.
Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
9 Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insu rance or self- insurance maintained by the City of Anaheim.”
“The City of Anaheim, its officers, agents, employees, representatives and volunteers are included as additional insured with respect to the scope of work, operations, and/or activities of or per formed on behalf of or at the direction of the Named Insured, performed under this Agreement with the City of Anaheim.” Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence o f the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required, ANAHEIM may, at its sole option:
Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) that become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof.
Terminate this Agreement.
Exercise of any of the above rem edies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’S failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed in any way as limiting the e xtent that an CONSULTANT may be held responsible for payments of damages to persons or property resulting
10 from CONSULTANT’S, (or CONSULTANT’S AGENT or SUB-AGENT, if any) performance of the work covered under this Agreement.
In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services—such firms shall not be required to carry the abo ve-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
ANAHEIM’S Risk Manager is hereby authorized to amend or reduce the requirements set forth herein if such customer -generated requested amendment or reduction request is in ANAHEIM’S best interest.
11. INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, to the extent caused by or directly arising out of the negligent acts, errors or omissions of the CONSULTANT or any SUB-AGENT in the performance of professional services under this Agreement.
As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representa tives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB - AGENT, if any ) acts, errors, omissions, or work, relative to this Agreement, except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.
The obligations set forth in this indemnification provision (i) shall be in effect without regar d to whether or not ANAHEIM, CONSULTANT or any other person or entity maintains or fails to maintain insurance coverage or a self -insurance program, for any such Claim(s); and (ii) shall survive the termination of this Agreement.
12. PREVAILING WAGES
12.1 CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
12.2 Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair,
11 or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
12.3 When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minim um rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
13. PROGRESS
CONSULTANT is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT.
Neither the whole nor any interest in, nor any of the rights or privileg es granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
15. SUBCONTRACTING
15.1 Nothing contained in this contract or otherwise, shall create any contractual relation between ANAHEIM and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to ANAHEIM for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from ANAHEIM's obligation to make payments to the CONSULTANT.
15.2 CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by ANAHEIM's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
15.3 CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by ANAHEIM.
15.4 All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
12 15.5 Any subst itution of subconsultant(s) must be approved in writing by ANAHEIM's Contract Administrator prior to the start of work by the subconsultant(s).
16. USE AND OWNERSHIP OF DOCUMENTS AND DATA
16.1 Upon completion of all work under this contract, ownership an d title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in ANAHEIM; and no further agreement will be necessary to transfer ownership to ANAHEIM. CONSULTANT shall furnish ANAHEIM all necessary copies of data needed to complete the review and approval process.
16.2 It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine -readable form, are intended for one -time use in the construction of the project for which this contract has been entered into.
16.3 CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by ANAHEIM of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by ANAHEIM of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.
16.4 Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
16.5 ANAHEIM may permit copyrighting reports or other agreement products.
If copyrights are permitted; the agreement shall provide that the FEMA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
17. CONFIDENTIALITY
17.1 “Confidential Information” means, with respect to a Party hereto, all information or material which either (1) is marked or identified as “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking or identification, or (2) the othe r Party knew, as recipient, or under the circumstances, should have known, was considered confidential or proprietary by the Disclosing Party (as defined below). Confidential Information shall consist of all information, whether in written, oral, electro nic, or other form, furnished in connection with this Agreement by the Disclosing Party or its Representatives (“Representative” is defined as any elected and appointed officials, affiliate, director, officer, employee, agent, advisor or CONSULTANT of a Party or any of its subsidiaries or affiliates) to the Receiving Party (as defined below) or to its Representatives, and specifically includes but is not limited to ANAHEIM’s individually identifiable customer information, and ANAHEIM’s customer usage data a nd financial data.
17.2 CONSULTANT and ANAHEIM shall each hold the other’s Confidential Information in confidence. Neither Party shall make the other’s Confidential Information available
13 in any form to any third party or use the other’s Confidential Info rmation for any purpose other than as specified in this Agreement. The Party providing Confidential Information (“Disclosing Party”) to the other Party (“Receiving Party”) shall remain the sole owner of such information.
Except as provided elsewhere withi n this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software or other technology, either expressly or by implication to the Receiving Party, or to its Representatives or to others. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligat ion of confidentiality; (2) information in the public domain at the time of the disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non- party to this Agreement without any obligation of confidentiality and through no breach of this Agreement by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; or (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein.
17.3 By virtue of this Agreement, ea ch Party hereto may disclose to the other Party information that is Confidential Information. This Agreement does not diminish, revoke or supersede any existing confidentiality, non -disclosure or similar agreement between the Parties that does not pertain to the subject matter of this Agreement. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Agreement shall be governed by the terms of this Section 17 which shall supersede any such previous agreement with respect to such Confidential Information and any Confidential Information relating to the subject matter of this Agreement that was exchanged under such previous agreement it shall be treated as though it was exchanged under this Agree ment as of the date of such exchange.
17.4 The Receiving Party will treat all Confidential Information of the Disclosing Party, no matter written, electronic, or oral, as confidential and proprietary, and the Receiving Party shall only use such informati on in furtherance of this Agreement. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party, and ensure that such Confidential Information is not disclosed to any other person or entity, except as expressly permitted by this Agreement or as authorized in writing by the Disclosing Party.
Receiving Party shall not disclose Confidential Information of the Disclosing Party received under this Agreement to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Agreement. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limi tations on the use and disclosure and prohibition on making copies or summaries of such Confidential Information. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose.
17.5 If the Receiving Party becomes legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose a ny Confidential Information of the Disclosing Party or is requested
14 Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible. Thereafter, at its sole costs and expense, the Disclosing Party may seek a protective order or other appropriate remedy, or waive compliance with the provisions of this Agreement. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose, and will exercise commercially reasonable efforts, at Disclosing Party’s expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed.
17.6 In the event the Receiving Party discloses, disseminates or releases any Confidential Information, except as expressly permitted by this Agreement, such disclosure, dissemination or release will be deemed a material breac h of this Agreement and the Disclosing Party may demand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Receiving Party shall take any and all necessary actions to recover the improperly disclosed Confidential Information and immediately notify Disclosing Party regarding the nature of the unauthorized disclosure and the corrective measures being taken.
Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for any material breach of this Agreement and that specific performance and injunctive relief in addition to monetary damages shall be appropriate remedies for any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have.
17.7 Within two (2) weeks of the termination of this Agreement, CONSULTANT will return to ANAHEIM or destroy, to the extent permitted by law, any and all Confidential Information, including all originals, copies, translations, transcriptions or any other form of material, without retaining any copy or duplicate thereof; provided that CONSULTANT may retain Confidential Information contained on backup media created in the ordinary course of business provided further that there is no effort to access such Confidential Information and CONSULTANT’s confidential obligations with respect to such information shall continue so long as such information is retained. CONSULTA NT shall certify in writing the destruction of the Confidential Information. ANAHEIM may perform an audit of CONSULTANT’s records to confirm the return or destruction of the Confidential Information. ANAHEIM shall have this audit right for three (3) years after the termination of this Agreement.
17.8 Notwithstanding the termination of this Agreement, this Confidentiality Section shall survive the expiration or earlier termination of this Agreement.
15 18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
19. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain c omplete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement.
All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents creat ed pursuant to this Agreement during regular business hours.
CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and ANAHEIM shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, inclu ding but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, ANAHEIM, FEMA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee with respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investmen ts during the time period, from the date of withholding of any amounts found to have been improperly withheld.
16 21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.
22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter in to similar agreements with other entities for the provision of similar services.
23. CONFLICTS OF INTEREST
CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Services performed under this Agreement and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, CONSULTANT shall conform to all other requirements of the Act that may be applicable. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM.
CONSULTANT’s Services under this Agreement may now or in the future involve participation in governmental decision -making processes such that ANAHEIM deems it necessary to designate one or more of CONSULTANT’s employees a filer of a Statement of Economic Interests (“Form 700 Filer”) under the Act. ANAHEIM shall make such designations based on the nature and scope of the Services and requirements of the Act. If CONSULTANT’s employee(s) is designated a Form 700 Filer, such employee(s) shall file under Disclosure Category 1, unless otherwise directed by ANAHEIM, and shall periodically complete ethics training as required by ANAHEIM. CONSULTANT shall at its own cost and expense ensure such employee’s compliance with these filing and ethics-training requirements.
24. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
17 If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Director of Public Works
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-5225
To CONSULTANT: Harris & Associates, Inc.
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Telephone: 925.586.2075
25. ENFORCEMENT OF AGREEMENT
25.1 Events of Default.
.01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder.
.02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM's obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period a nd thereafter diligently prosecute the same to completion.
25.2 ANAHEIM reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice.
18 25.3 ANAHEIM may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, ANAHEIM may proceed with the work in any manner deemed pr oper by ANAHEIM. If ANAHEIM terminates this contract with CONSULTANT, ANAHEIM shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to ANAHEIM exceeds the funds remaining in the contract. I n which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand.
26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes , ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, st ate and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
30. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to t heir fair meaning and shall be construed as prepared by both Parties.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.
19 CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by ANAHEIM's Contract Administrator.
There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by ANAHEIM's Contract Administrator.
32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance sha ll, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected ther eby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.
34. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or cla ss of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that C ONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
37. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofi t corporation, partnership or other entity or organization, represents and warrants the he or she is
20 duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
38. FEDERAL REGULATIONS
38.1 Compliance with Regulations. This is an acknowled gement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies,procedures, and directives.
38.2 Nondiscrimination.
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability , mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment again st any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by ANAHEIM to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100 -8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and ANAHEIM upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or ANAHEIM shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
21 F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non - discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering ANAHEIM components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomp lishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
38.3 Solicitations for Sub-agreements, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
38.4 Information and Reports. CONSULTANT shall provide all information and reports required by the REGU LATIONS, or directives issued pursuant thereto, and shall permit access to CONSULTANT's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FEMA to be pertinent to ascertain compliance with such REGU LATIONS or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to ANAHEIM, STATE or the FEMA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
38.5 Sanctions for Noncompliance . In the event of CONSULTANT's noncompliance with the nondiscrimination provisions of this agreement, ANAHEIM and the STATE shall impose such agreement sanctions as it or the FEMA may determine to be appropriate, including, but not limited to:
22 (a) withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part.
38.6 Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment , unless exempt by the REGULATIONS, or directives issued pursuant thereto. CONSULTANT shall take such action with respect to any sub -agreement or procurement as STATE or FEMA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONSULTANT may request STATE enter into such litigation to protect the interests of STATE, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
39. AUDIT REVIEW PROCEDURES
39.1 Any dispute concerning a question of fact arisin g under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by ANAHEIM’S Director of Finance.
39.2 Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by ANAHEIM’S Director of Finance of unresolved audit issues. The request for review will be submitted in writing.
39.3 Neither the pendency of a dispute nor its consideration by ANAHEIM will excuse CONSULTANT from full and timely performance, in accordance with the t erms of this contract.
39.4 CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper revie w. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT a nd approved by ANAHEIM contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by ANAHEIM at its sole discretion.
Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of t he contract and disallowance of prior reimbursed costs.
23 40. EQUIPMENT PURCHASE
40.1 Prior authorization in writing, by ANAHEIM’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
40.2 For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by ANAHEIM’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
40.3 Any equipment purchased as a result of thi s contract is subject to the following: “CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equip ment needs replacement and is sold or traded in, ANAHEIM shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit ANAHEIM in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established ANAHEIM procedures; and credit ANAHEIM in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by ANAHEIM and CONSULTANT, if it is determined to sell the equ ipment, the terms and conditions of such sale must be approved in advance by ANAHEIM.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
41. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any ANAHEIM employee.
For breach or violation of this warranty, ANAHEIM shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
42. PROHIBITION OF EXPENDING ANAHEIM STATE OR FEDERAL FUNDS
FOR LOBBYING
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
24 Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con nection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the langua ge of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
25 43. STATEMENT OF COMPLIANCE
43.1 CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
43.2 . During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the 5applicable regulations promulgated there under ( California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
43.3 The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
43.4 The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment.
44. DEBARMENT AND SUSPENSION CERTIFICATION
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
26 (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
45. CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or conti ngent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, ANAHEIM has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
46. DISPUTES
46.1 Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of ANAHEIM's Contract Administrator and Director of Public Works, who may consider written or verbal information submitted by CONSULTANT.
46.2 Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by ANAHEIM Director of Public Works, of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
47. SAFETY
47.1 CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by ANAHEIM Safety Officer and other ANAHEIM representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
47.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, ANAHEIM has determined that such areas are within the limits of the project and are open to public traffic.
CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
27 47.3 Any subcontract entered into as a result of this contr act, shall contain all of the provisions of this Article.
48. CLAIMS FILED BY CONSTRUCTION CONTRACTOR
48.1 If claims are filed by ANAHEIM's construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assista nce from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with ANAHEIM's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
48.2. CONSULTANT’s personnel that ANAHEIM considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from ANAHEIM. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this contract.
48.3 Services of CONSULTANT’s personnel in connection with ANAHEIM's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims.
49. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two - year period, because of CONSUL TANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
50. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by ANAHEIM. A copy of the evaluation wi ll be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.
51. RETENTION OF FUNDS
51.1 Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
51.2. ANAHEIM may hold retainage from CONSULANTS and shall make prompt and regular incremental acceptances of portions, as determined by ANAHEIM, of the contract work, and pay retainage to CONSULTANT based on these acceptances. ANAHEIM shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. (Choose either Method 1, Method 2, or Method 3 below and delete the other two.)
28 No retainage wi ll be held by ANAHEIM from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with ANAHEIM’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
52. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit ANAHEIM, the state, and the FEMA if federal participating funds are used in this contract; to review and i nspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.
53. PROMPT PAYMENT FROM ANAHEIM TO CONSULTANT
ANAHEIM shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If ANAHEIM fails to pay promptly, ANAHEIM shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, ANAHEIM shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by ANAHEIM as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
54. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a pa rty to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
55. PROCUREMENT OF RECOVERED MATERIALS
A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962.
The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage
29 of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.
56. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE EQUIPMENT
(a) Recipients and subrecipients are prohibited from obligating or expending loan o r grant funds to:
(1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
(4) Telecomm unications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believ es to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;
30 (c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunicat ions equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of Public Law 115 -232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibi tion on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.
57. DOMESTIC PREFERENCES FOR PROCUREMENTS
(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be includ ed in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.
58. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
[SIGNATURES ON FOLLOWING PAGE]
31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:
By: _
City Clerk of Anaheim
HARRIS & ASSOCIATES, INC., a California
corporation
DATE OF EXECUTION:
By:
Printed Name _______________________
Title ___________________________
“CONSULTANT”
APPROVED AS TO FORM:
ROBERTY FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
Attachments: Exhibit A
157731
1 EXHIBIT A
STARTS AFTER THIS PAGE
CITY OF ANAHEIM
January 15, 2026
REQUEST FOR PROPOSALS
CIVIL ENGINEERING SERVICES ON THE
ANAHEIM WEST TOWER BOLLARDS
1. Proposal 1
a. Cover Letter
RFP for Civil Engineering Services on the Anaheim West Tower Bollards Dear Mr. Thiem:
Harris & Associates is pleased to submit our proposal for the Anaheim West Tower Bollards Project. We understand that this project is a key component of the City of Anaheim’s ongoing efforts to improve roadway conditions, enhance ADA accessibility, and extend the service life of critical infrastructure. Our team brings extensive experience in bollard design, having successfully delivered similar projects for the City and surrounding agencies. Led by Project Manager Marc Gallardo, PE, our approach is grounded in technical rigor, field-based assessments, and a deep understanding of the City’s design standards and expectations.
A Responsive and Detail-Oriented Project Manager. Having worked with the City on more than five projects over the past 10 years, we know that responsiveness, attention to detail, and stakeholder coordination are critical to successful project delivery. Project Manager Marc Gallardo PE has a demonstrated track record for this on his projects. He has extensive design experience developed over his 14-year career and has recent experience on multiple design projects with the City of Anaheim, including serving as the Project Manager for the Anaheim Resort Area Safety Bollards Program. Marc also led the design of award-winning projects for the Cities of Huntington Beach and Yorba Linda that involved bollards as part of traffic calming and saftey measures.
Experience in Bollard Programs. The Harris team has a proven record of accomplishment in delivering similar high profile projects that either focused on or included safety bollards. Including the City’s Anaheim Resort Safety Bollards Program, our other experince includes the busy iconic downtown Palm Springs South Palm Canyon Drive at La Plaza (crash-rated) Safety Bollard Installations, and bollard installations as part of the design of the Yorba Linda Town Center, South Gate Garfield Avenue Improvements, Redondo Beach Esplanade, West Hollywood Beverly Boulevard Complete Street Improvements and others.
Schedule-Focused to Meet Project Timeline. The Harris team takes the project timeline very seriously and plans to deliver the 100% plans, specifications, and estimate (PS&E) by the June 2026, deadline contingent on the City providing the topographic survey. Harris is committed to providing a quality PS&E package for construction while meeting the required project schedule, as we did on the City of Anaheim’s Western Avenue Street Rehabilitation Project. The entire Harris team is ready to start immediately.
Sincerely,
Harris & Associates, Inc.
1. PROPOSAL
Harris & Associates, Inc.
California S Corporation
DIR Registration No.
1000011113
101 Progress, Suite 250
Irvine, CA 92618
925.827.4900
WeAreHarris.com
January 15, 2026
Jason Thiem
Associate Engineer
Public Works Department
200 S. Anaheim Blvd.,
Mailstop #276
Anaheim, CA 92805
All information submitted
with this proposal is
true and correct and the
proposed fee is valid for
120 calendar days. Our
business information is
located below.
Marcus Fuller, PE, PLS (Authorized)
Vice President, Engineering Consulting
949.536.2510
[email protected]
Marc Gallardo PE
Project Manager/Primary Contact
949.536.2522
[email protected]
Harris & Associates, Inc.
1. Proposal 2
Marc Gallardo, PE
PROJECT MANAGER
EDUCATION & LICENSES
MS, Civil Engineering
MS, Urban & Regional Planning
BS, Civil Engineering
Professional Civil Engineer, CA
#86472
Marc brings 13 years of civil engineering experience
with a strong focus on roadway rehabilitation and
public works PS&E. He has led and supported
numerous roadway improvement projects, including
pavement preservation, access road design, and
ADA-compliant upgrades.
RELEVANT EXPERIENCE
• City of Anaheim, Anaheim Resort Safety Bollards
Pilot Program. Project Manager.
• City of Rancho Palos Verdes, Burma Road Gate
and Bollards. Project Manager
• City of Yorba Linda, Town Center Infrastructure
Improvements Phase 1. Design Engineer.
b. Firm and Team Experience
Randall Berry, PE
QA/QC MANAGER
EDUCATION & LICENSES
BS, Civil Engineering
Professional Civil Engineer, CA
#44642
Randall’s 40 years of experience and intimate
knowledge of City infrastructure benefit you with the
confidence that your project will be delivered to the
quality standards you have come to expect from us.
RELEVANT EXPERIENCE
• City of Anaheim, Anaheim Resort Safety Bollards
Pilot Program. QA/QC Manager.
• City of Rancho Palos Verdes, Burma Road Gate
and Bollards. QA/QC Manager.
• City of South Gate, Garfield Avenue and Imperial
Highway Street Improvements. QA/QC Manager.
• City of Redondo Beach, Esplanade Streetscape
Improvements. QA/QC Manager.
Justin Liu, PE
PROJECT ENGINEER
EDUCATION & LICENSES
BS, Civil Engineering
Professional Civil Engineer, CA
#96183
Justin has civil engineering design experience,
assisting on public agency projects with plans and
estimates for roadway rehab, sidewalk improvements,
and utility relocations. He is familiar with public works standards, ADA guidelines, AutoCAD, and Civil 3D.
RELEVANT EXPERIENCE
• City of Anaheim, Anaheim Resort Safety Bollards
Pilot Program. Project Engineer.
• City of Rancho Palos Verdes, Burma Road Gate
and Bollards. Project Engineer.
• City of Huntington Beach, Oak View
Neighborhood Improvements. Project Engineer.
Marcus Fuller, PE, PLS
PRINCIPAL-IN-CHARGE
EDUCATION & LICENSES
MA, Public Administration
BS, Civil Engineering
Professional Civil Engineer, CA
#57271; Professional Land Surveyor,
CA #7987
As the Principal-in-Charge on Harris’ team delivering
on-call engineering services to the City, Marcus has
insight into the progress of your other current projects, allowing him to accurately plan for staffing levels and time constraints.
RELEVANT EXPERIENCE
• City of Anaheim, On-Call Engineering Services.
Principal-in-Charge.
• City of Palm Springs, Gene Autry Trail
Improvements. Principal-in-Charge.
• City of Coronado, Parker Pump Station
Replacement Project. Project Manager.
Harris & Associates, Inc.
1. Proposal 3
City of Anaheim
Design & Support Services
Engineers
Elizabeth Reyes, PE, PMP, QSD/QSP
Justin Liu, PE 🔑
Alyssa Kumnoonsate, PE
ADA Compliance
Gabriel Gutierrez, PE
Construction Management
Scott Giannini, PE, QSD/QSP
Structural Engineering
Ficcadenti Waggoner and Castle
Structural Engineers (FWCSE)
Surveying
KDM Meridian (KDM)
Utility Locating
T2UE (T2UE)
Project Manager
Marc Gallardo, PE🔑
🔑 Key Personnel
FIRM SIZE
Harris & Associates is made up of 300+ employee-owners.
ORGANIZATIONAL CHART
Principal-in-Charge
Marcus Fuller, PE, PLS 🔑
QA/QC Manager
Randall Berry, PE 🔑
PERCENTAGE OF STAFF TIME DEVOTED
TO PROJECT
Team Member Percentage
Marc Gallardo* 100%
Marcus Fuller 30%
Randall Berry 60%
Elizabeth Reyes 60%
Justin Liu 100%
Alyssa Kumnoonsate 100%
Gabriel Gutierrez 90%
Scott Giannini 50%
FWCSE 50%
KDM Meridian 50%
T2UE 50%
*Marc Gallardo will be the City’s primary point of
contact for this project and will be available for the
City for the duration of the project.
DEMONSTRATED RECORD OF SUCCESS
On the Lincoln Avenue Sanitary Sewer and Street
Improvements project for the City of Anaheim, the
Harris team successfully completed design revisions
within a short timeframe, avoiding delays to the
project. Bill Grigsby, PE, Principal Engineer of Design Services in the City’s Public Works Department, noted
the team’s success:
“Great job Elizabeth and Harris as a whole. Coming
from construction services, I must say this level of
responsiveness and assistance is the model for
design’s role in construction and I really appreciate
your efforts. It’s impressive to have completed design
revisions, including AutoCAD, provided within six days
of an RFI submittal, especially when that RFI was
submitted towards the end of the business day on
Friday!”
Harris & Associates, Inc.
1. Proposal 4
c. Understanding of Need
The primary goal for this project is to mitigate the
risk posed by high-speed avenues of approach along
the building’s perimeter. The project aims to defend
against both accidental and intentional vehicle attacks by strategically placing barriers in vulnerable areas,
particularly at the building’s lobby approach.
Our design approach is grounded in sound
engineering principles, regulatory compliance, and
constructability. Key components of our engineering
strategy include:
• Site Validation and Records Research. We
will begin by reviewing existing records, performing
field verification, and confirming utility locations
through USA DigAlert and coordination with utility
agencies. This will ensure that all existing conditions are accurately documented and inform the design
process. Some of the utilities identified during our
field review are City of Anaheim electric (see Photo
1) and City of Anaheim Storm Drain (see Photo 2).
• Utility Coordination and Potholing. We
will proactively coordinate with utility agencies
to identify potential conflicts and minimize
relocations. Utility Detection will be performed to
locate utilities withing the sidewalk and will pothole
where necessary to confirm utility locations and
support design decisions. Our goal is to mitigate
unnecessary adjustments and ensure compatibility
with existing infrastructure.
DESIGN APPROACH
Because utilities will likely be dictating the location and type of bollards utilized, Harris recommends the
following sequence of work:
• Hold kick-off meeting – Identify and confirm design
requirements:
– Crash-rating requirements. Previously designed
and constructed bollard projects along Harbor
Boulevard utilized M50 rating. This will be
confirmed during our initial kick-off meeting.
– Ideal bollard locations ignoring potential utility
conflicts.
– Preferences on bollard styles/aesthetics. (see
collage board of Harris team’s previous bollard
installations).
• Obtain topographic survey and field check to
determine if any elements are missing and that it
extends adequately in all directions.
• Obtain utility detection survey – determine
approximate horizontal and vertical utility locations.
Area will be marked with water-based paint for all
work.
Photo 1: City of Anaheim electric pullbox.
Photo 2: City of Anaheim Storm Drain.
• Identify open areas (in ideal locations) where
standard bollards with deep footings can be placed.
• Identify open areas (in alternative locations) where
standard bollards with deep footings can be placed.
• Identify areas where bollards with shallow footings
can be placed without utility relocations or with
minimal utility relations.
• Identify areas where bollards with deep or shallow
footings can only be placed with utility relocations
and begin the utility relation process.
• Prepare a hybrid combined layout of the various
bollard locations, footing types, impacts and related
opinion of construction costs.
Harris & Associates, Inc.
1. Proposal 5
• Hold additional meetings to refine the alignment
and preferred style of bollards.
• Obtain potholes and utilize findings to refine the
bollard layouts, footing types, impacts, costs, et
cetera.
• Proceed to develop and refine the PS&E package.
Optimized Design
This project is critical for public safety and is
governed by an aggressive schedule that demands
precision and efficiency. The Harris team brings
extensive experience in bollard design and
installation, having successfully delivered similar
high-profile projects for the City of Anaheim and other municipalities. This experience allows us to anticipate and address the nuances inherent in bollard design,
including crash-rating requirements, foundation types,
and aesthetic considerations.
To meet the City’s timeline and deliver a fully
compliant design, Harris will implement an optimized
design process that emphasizes early coordination
and streamlined decision-making. Key elements of
this approach include:
• Leveraging Past Experience. Harris has
successfully completed multiple bollard programs
and understands the common challenges that can
delay projects. These include:
– Advanced Utility Coordination. Early identification
and resolution of utility conflicts to avoid
redesigns and construction delays.
– Detailed ADA Compliance Designs. Ensuring
curb ramps, crosswalks, and adjacent
improvements meet accessibility standards
without compromising bollard placement.
– Crash-Rating Integration. Incorporating structural
requirements such as M50 ratings into the design
from the outset to avoid late-stage revisions. By
applying lessons learned from prior projects,
Harris mitigates these risks and accelerates the
design process.
• Early Manufacturer Engagement. Recognizing
that specialty bollards, such as M50-rated units,
require custom fabrication and lead times, Harris
has proactively initiated discussions with leading
manufacturers, including Marshalls, Calpipe,
Quickkore, and Reliance Foundry. This early
engagement ensures that design specifications
align with available products and that procurement
timelines are integrated into the overall project
schedule.
• Integrated Coordination. Harris will maintain
continuous communication with manufacturers, City
staff, and subconsultants throughout the design
process to confirm product availability, foundation
requirements, and installation details. This
collaborative approach minimizes redesign risk and
supports timely delivery of Plans, Specifications,
and Estimates (PS&E).
COLLABORATIVE DELIVERY
Successful delivery of this project will require close
coordination with City staff and utility agencies. Our
team will participate in regular Project Development
Team (PDT) meetings, design workshops, and
milestone reviews to ensure alignment with City
expectations and stakeholder needs. The Project
Manager will serve as the single point of contact,
responsible for managing communications, resolving
issues, and maintaining schedule and budget
discipline. We are committed to delivering a complete
and compliant Plans, Specifications, and Estimates
(PS&E) package that meets the City’s technical
standards and positions the project for successful
advertisement and construction.
By combining technical expertise, proactive
coordination, and proven project management
strategies, Harris is confident in its ability to deliver a robust, crash-rated bollard system that meets the
City’s safety objectives within the required timeframe.
PROJECT MANAGEMENT AND
COMMUNICATION
Harris’ Project Manager Marc Gallardo, PE will
meet with the City project representatives regularly
and remain in constant communication to deliver
a successful and timely project. Marc’s project
management approach is to develop a team of
experts that he trusts and has worked with on similar
projects, give them the resources to perform their
tasks successfully, communicate the client’s goals
and expectations clearly among the entire team, and
create an environment to communicate the project
status, issues and solutions. He will maintain an open
line of communication between the design team and
the City, so the City is constantly aware of the project status and is participating in all key design decisions.
This will be accomplished through regular meetings,
workshops, and weekly telephone calls and emails.
Meeting minutes will be distributed within two
working days of the meeting identifying action items,
assignments and due dates.
Harris & Associates, Inc.
1. Proposal 6
d. Relevant Project Experience
Below is a list of feasible/applicable projects which the Harris team has completed within the last five years.
ANAHEIM RESORT SAFETY BOLLARDS
PILOT PROGRAM
Client: City of Anaheim
Description: Harris provided engineering design
services for the Anaheim Resort Area Safety Bollards
Pilot Program, a City of Anaheim initiative focused
on improving pedestrian safety at high-volume
intersections within The Anaheim Resort. The pilot
program encompassed four intersections: Harbor
Boulevard/East Shuttle Area, Harbor Boulevard/
Disney Way, Harbor Boulevard/Katella Avenue, and
Harbor Boulevard/Convention Way. The program
was established to identify, design, and install safety bollards that were appropriate for the resort context
while supporting the City’s broader pedestrian safety
and mobility objectives.
From an engineering standpoint, Harris led the
development of the pilot program by evaluating
appropriate bollard options for the City of Anaheim
and preparing complete design plans, technical
specifications, bid proposals, and bid-item-level
cost estimates to support construction. Harris
also provided project management support during
the construction phase of the pilot program. The
program was implemented in phases by the City, with
completed installations demonstrating the City’s ability to advance pedestrian safety improvements in the
Anaheim Resort area and establishing a repeatable
framework for future bollard installations at additional locations.
As requested by the City, a sample of plans from this
project are included with our proposal submittal.
Year Completed: 2021
Client Contact: Cesar Morales, Principal Traffic
Engineer | 714-765-5286 | [email protected]
BURMA ROAD GATE AND BOLLARDS
Client: City of Rancho Palos Verdes
Description: Harris provided professional
engineering design services to the City for the
preparation of plans, estimate, and optional
specification documents for the design of new bollard
improvements at the entrance of Burma Road to
protect the replacement vehicle and pedestrian gate
that was designed in-house by City staff. Burma
Road serves as a maintenance access road and
daytime hiking trail head at Burrell Lane. The existing gate was vandalized, triggering the need for a
replacement gate (by others) and safety bollards to
prevent future reoccurrences. Harris leveraged our in-
house expertise on safety bollards to consider fixed,
removeable, and retractable bollards. Given budget
constraints, the team chose a combination of lighter
duty removeable and fixed bollards.
Year Completed: 2023
Client Contact: Ramzi Awwad, Director of Public
Works | 310-544-5275 | [email protected]
RIALTO FIRE STATION 201 SAFETY
IMPROVEMENTS DESIGN
Client: City of Rialto
Description: Harris provided engineering design
services for the preparation of plans, specifications,
and cost estimate for the construction of safety
improvements along the frontage of Fire Station No.
201 (FS 201), located at the intersection of Willow
Avenue and Rialto Avenue in the City of Rialto.
These improvements were intended to enhance
protection of the facility and included the installation of safety bollards. A recent incident involving an errant driver highlighted the need for additional protective
measures for FS 201 from eastbound traffic on Rialto
Avenue. The project included coordination with Fire
Department staff and the City’s Building Department.
Proposed improvements consisted of safety bollards;
a memorial monument designed to also function as a
protective barrier; modifications to existing frontage
improvements; raised paved medians; and ancillary
improvements such as sidewalks, retaining curbs, and
grading and paving of the memorial area.
Year Completed: 2025
Client Contact: Vince Giron, Engineering Manager -
Land Development - Public Works Department |
909-820-8045 | [email protected]
Harris & Associates, Inc.
1. Proposal 7
Pictured above: Harris Team Bollard Project Examples
ADDITIONAL PROJECTS
• City of Palm Springs, Retractable Safety Bollards Program. The project included the installation of twenty- two safety bollards in the intersection of South Palm Canyon Drive at La Plaza to allow Palm Canyon Drive to be closed to all vehicular traffic for special events. • City of Yorba Linda, Town Center Infrastructure Improvements. Decorative safety bollards were required along the entire length of Arroyo Way, from the historic Main Street to School Street. • City of Huntington Beach, Oak View Streetscape Improvements Project. Complete streets elements to improve Oak View Elementary School neighborhood, with specific pedestrian enhancements including:
bollards. 2025 Outstanding Community Improvement Project Award by the American Society of Civil Engineers.
• City of South Gate, Garfield Avenue and Imperial Highway Street Improvements. Decorative safety bollards were required all along Garfield Avenue as part of the decorative parkway hardscape, planting and ADA improvements.
• City of Redondo Beach, Esplanade Streetscape Improvements. The project added sidewalk bulb-out landings with bollards and improved curb ramps at all pedestrian crossings. • City of West Hollywood, West Hollywood Beverly Boulevard Complete Streets. Decorative safety bollards were required at the raised intersection of Beverly Boulevard and Swall Drive to maintain a safe separation between pedestrians and vehicles.
Harris & Associates, Inc.
1. Proposal 8
e. Project Controls
The Harris approach to quality includes focused
collaboration amongst our seasoned team members
across our various service lines to deliver a well-
vetted deliverable to our clients and partners. As an
organization, we have developed a culture where
all employee-owners are aware of and committed
to quality in our processes and deliverables. Each
member of the proposed Harris team will embody this
“quality-oriented” mindset during the delivery of your
civil engineering projects.
Harris employs a “Harris Way to Quality”: a 37-page
quality assurance/quality control (QA/QC) manual that
reflects our commitment to delivering quality products
and services. The QA portion of the manual details
the process of reducing potential errors or non-
compliant deliverables. Our QA philosophy speaks to
the technical components, contractual requirements,
and civil engineering solutions as appropriate. The
QC portion of the manual provides the measurements
for performing detailed reviews and checking of all
aspects of the project work by qualified, designated
team members. Randall Berry, PE will serve as QA/
QC Manager on this contract, performing project
reviews, documenting these reviews, and providing
technical input and guidance at agreed-to milestones
to add value to the delivery process and reduce
errors. We have the philosophy that QA/QC is a
continuous process from conceptual design to final
PS&E on all design projects.
When several disciplines are involved in a project,
combining design with construction management,
environmental work, or other services, Randall may
also seek review assistance from other individuals
specializing in those disciplines to verify that all
project concepts are being met and all issues are
addressed prior to finalization of the plans and
specifications.
@
100%
Submittal
Listen to the City’s concerns
QC review to make sure regulatory requirements
and contract scope of work have been met
Complete internal QC checklists
Complete technical analyses for internal review
Draft technical analyses sent to the City
Receive and respond to comments from the City
Address comments from the City and submit
revised draft technical analyses
Prepare documents for public review
QA/QC Management Process
Harris & Associates, Inc.
2. Scope of Services & Schedule 9
2. SCOPE OF SERVICES & SCHEDULE
Scope of Services
Pictured right: Harris Matrix
Decision Chart Example
Harris has reviewed the City’s proposed scope of
work dated December 24, 2025, and Addendum 1
(Dated January X, 2026). We will follow this scope
as written. However, the following task items include
some exclusions, clarifications, and assumptions used
for budgeting purposes.
TASK 1: SURVEY
No Exceptions, just clarification that Harris’ survey
sub-consultant KDM Meridian (KDM) will obtain
topographic survey as an optional service for the
area where bollards will be placed. The survey limits
will extend from the existing curb line to the face of
the building and will include all surface utilities and apparent grade breaks. R/W data will come from City
electronic maps plus additional research.
TASK 2: RECORDS RESEARCH
No Exceptions, just clarification that the Harris team
will perform a search of available public records,
prepare utility letters for request from utility companies to acquire atlas maps of their existing facilities
within the project limits and compile the data based
on the records received. Harris’ potholing sub-
consultant, T2UE will perform utility detection (GPR,
Electromagnetic locating) of
the area identified for bollard
placement and obtain up to five
(5) potholes as part of the base
project. TU2E will obtain a no-
fee permit from the City.
TASK 3: UTILITIES
No Exceptions, just clarification that the Harris team
will prepare utility letters for request from utility
companies to acquire atlas maps of their existing
facilities within the project limits and compile the data based on the records received. Harris will prepare
the notice to relocate or replace existing facilities to applicable utilities for the City to send.
TASK 4: ANCILLARY IMPROVEMENTS
No exceptions, just clarifications as follow: Ancillary improvements are anticipated to include concrete
surface replacements, adjustment of surface utility
covers.
TASK 5 DESIGN ALTERNATIVE ANALYSIS
No exceptions, just clarification that Harris will analyze up to three (3) alternative alignments. Clarifications
include Harris’ “Decision Matrix” form that compares
all the various elements affecting each alternative,
such as costs, constructability, maintenance,
environmental factors, etc. and applies value ranking
for each item such that an objective preferred
alternative can be determined (see sample Matrix
Decision Chart below).
Harris & Associates, Inc.
2. Scope of Services & Schedule 10
TASK 6: STRUCTURAL CALCULATIONS
No exceptions, just clarification that Harris’ structural sub-consultant Ficcadenti Waggoner and Castle
Structural Engineer (FWCSE) will review, stamp and
sign structural calculations for the bollards as an
optional service.
TASK 7: FRONTAGE IMPROVEMENTS
No exceptions, just clarification that Harris will prepare curb ramp details as an optional service.
TASK 8: PROJECT MANAGEMENT AND
COORDINATION
No Exceptions.
TASK 9: SCHEDULE: NO EXCEPTIONS
See proposed schedule within proposal showing the
completion of the design and ready to bid within six
(6) months after Notice-To-Proceed is issued. The
schedule may be accelerated to the RFWOP four (4)
months if the topographic survey can be provided
by the City when issuing the Notice-to-Proceed and
the design can utilize manufacturers previously used
in City bollard projects. Harris’ project manager at a
minimum will set a monthly virtual check-in meeting
for constant communication between the Design
team and the City to ensure that the schedule of work
is adhered to. A fourteen-calendar day period was
included for the City’s review of deliverables.
TASK 10: PLANS SPECIFICATION AND
ESTIMATE (PS&E)
Task 10.1: 50% Submittal Plans, Specification
and Estimates
Some exceptions and clarifications as follow: The
anticipated plan sheets would include: one (1) Title
Sheet; one (1) General Notes, Legend, Abbreviations
& Master List of Construction Notes Sheet; three
(3) Demolition Plans; three (3) Bollard Improvement
Plans; two (2) Construction Detail Sheets; for a
total of approximately ten (10) plan sheets. It is
assumed the project specifications will require the
City’s contractor to prepare the Stormwater Pollution
Prevention Plan (SWPPP) for temporary construction
best management practices (BMPs). The 50% project
specifications submittal will only include titles of
sections that are applicable for the construction of the improvements.
Task 10.2: Design Workshop
No Exceptions and clarification as follows: The City
will provide guidance on conflicting direction received during the 50% Design Workshop.
Task 10.3: 90% PS&E
No Exceptions.
Task 10.4: 100% PS&E
No Exceptions.
TASK 11: PERMITS
No Exceptions and clarifications as follows: The
Harris team, with the assistance of the City will
coordinate the building permit and Right of Way
Construction Permit for the proposed improvements.
Traffic Control Plans, if necessary, will be prepared as an optional service.
TASKS 12 & 13: BIDDING & CONSTRUCTION
SUPPORT
No Exceptions, just clarifications as follows. The
Harris’ effort will be limited to the hours shown in the Resource Hour Allocation Table / Fee Breakdown
Chart. Fee Breakdown assumes up to two (2) RFI’s
during Bidding, four (4) RFI’s during Construction
Support, four (4) material submittals, one (1) change
orders and preparation of As-Built drawings. The level
of construction effort is limited to the budget allotted in the fee schedule.
ADDITIONAL SERVICES
Task A: Meetings
No Exceptions, just clarifications that a total of eight (8) meetings (one kick-off meeting, one conceptual
feedback meeting, one 50% workshop meeting, and
five (5) monthly virtual City progress/coordination
meetings between other meetings) are included in the
scope.
Task B: Records Research
No Exceptions, just clarification that Harris will
perform records search of available public records.
Task C: Public Outreach
No Exceptions, just clarification that Harris will assist the City with scheduling, noticing, and compilation
of information for distribution to the public being
performed by City staff.
Task D: Presentation Materials
No Exceptions, just clarification that Harris will
prepare presentation materials for the Task C.
Harris & Associates, Inc.
2. Scope of Services & Schedule 11
Notes: Harris will not be responsible for delays to the project schedule beyond its sole control, including the following:
1. City review of Harris deliverables beyond 15 calendar days.
2. Third party review of Harris deliverables beyond 15 calendar days.
3. Issuance of permits or approvals from regulatory agencies.
ID Task Name
1 PRELIMINARY DESIGN
2 Notice to Proceed
3 Kickoff Meeting
4 Records Research and Review Exiting Data
5 Progress Design Meetings (Monthly)
6 Topographic Survey
7 Utility Detection / Potholing
8 Design Alternative Analysis
9 PLANS, SPECIFICATIONS AND ESTIMATE
10 50% PS&E
11 50% PS&E
12 50% PS&E QC
13 50% Review - City Plan Check
14 50% Review Meeting
15 50% Design Workshop
16 90% PS&E
17 900% PS&E
18 90% PS&E QC
19 90% Review - City Plan Check
20 90% Review Meeting
21 Issue Bid Ready
22 Issue Bid Ready PS&E
23 BIDDING ASSISTANCE
25 CONSTRUCTION AND DESIGN SUPPORT
9/2
3/2 Notice to Proceed
3/5
Kickoff Meeting
3/13
Records Research and Review Exiting Data
3/13
Records Research and Review Exiting Data
9/2
Progress Design Meetings (Monthly)
4/3
Topographic Survey
4/24
Utility Detection / Potholing
4/24
Design Alternative Analysis
4/24
Design Alternative Analysis
8/27
PLANS, SPECIFICATIONS AND ESTIMATE
6/30
50% PS&E
6/1
50% PS&E
6/1
50% PS&E
6/8
50% PS&E QC
6/8
50% PS&E QC
6/29
50% Review - City Plan Check
6/29
50% Review - City Plan Check
6/30
50% Review Meeting
6/30
50% Review Meeting
7/8
50% Design Workshop
8/18
90% PS&E
7/21
900% PS&E
7/21
900% PS&E
7/28
90% PS&E QC
7/28
90% PS&E QC
8/18
90% Review - City Plan Check
8/18
90% Review - City Plan Check
8/18 90% Review Meeting
8/27
Issue Bid Ready
8/27
Issue Bid Ready PS&E
8/27
Issue Bid Ready PS&E
BIDDING ASSISTANCE 11/23
CONSTRUCTION AND DESIGN SUPPORT
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026
Critical Split
Task
Milestone
Summary
Project Summary
Critical
CITY OF ANAHEIM
ANAHEIM WEEST TOWER BOLLARDS IMPROVEMENT PROJECT SCHEDULE Date: Wed 1/14/26
Harris & Associates, Inc.
2. Scope of Services & Schedule 12
Resource Hour Allocation Table
The following table shows the amount of time allotted for each team member, as well as the total estimated working hours to complete the project.
TOTAL HOURS: 957
Notes: Gabriel Gutierrez will be available as needed if Justin is unavailable. The total hours for the PE positions will not change.
January 6, 2026
STAFF SUB-
TASK, PHASE, DESCRIPTION HOURS HOURS HOURS HOURS HOURS HOURS KDM T2UE FWCSE TOTALS A
8.0 Project Management and Coordination 1 0 14 0 0 0 00 0 15 Kick-Off Meeting, Monthly Meetings, Conceptual Feedback Meeting (Task A) 1 0 18 6 0 0 00 0 25 SUBTOTAL HOURS 2 0 32 6 0 0 0 0 0 40
B
1.0 Topographic Survey (See Optional Services)
Base Mapping, Field Confirmation of Survey and Field Conditions 0 0 8 16 0 0 00 0 24
2.0 Records Research (Task B) 0 0 2 6 12 0 00 0 20
Utility Detection and Potholing (5 Potholes) - includes Traffic Control, Pothole Slurry Backfill & Utiliy Pothole Data Collection 0 01 8 0 0 0 24 0 33
3.0 Utility Research & Coordination during Project duration 0 08 8 8 0 00 0 24
4.0 Ancilliar Improvements (See Task 10) 0
5.0 Design Alternative Analysis 0 2 8 16 24 0 00 0 50
6.0 Structural Calculations (See Optional Services)
7.0 Frontage Improvements (See Task 10)
Curb Ramp Details (See Optional Services)
Tree Replacements and Tree Well Installation (See Optional Services)
9.0 Schedule (Non-Task Item)
SUBTOTAL HOURS 0 2 27 54 44 0 0 24 0 151
C
10.0 Plans, Specification and Estimate (PS&E)
10.1 50% PS&E Submittal 0 10 30 48 84 0 00 0 172
10.2 50% Design Workshop 0 0 8 16 0 0 00 0 24
10.3 90% PS&E Submittal 0 12 32 52 104 12 00 0 212
10.4 100% PS&E Submittal 0 6 15 38 48 0 00 0 107
11.0 Permits 0 0 8 16 0 0 00 0 24
Traffic Control Plans (See Optionsl Services)
SUBTOTAL HOURS 0 28 93 170 236 12 539
D
12.0 Bidding & Award Support (Limited to Hours Shown) 0 06 0 0 0 00 0 6
13.0 Construction Support (Limited to Hours shown) 1 0 10 8 8 0 00 0 27 As-Built Plans 0 22 4 8 0 00 0 16
SUBTOTAL HOURS 1 2 18 12 16 0 0 0 0 49
BASE PROJECT SUM HOURS 3 32 170 242 296 12 0 24 0 779
D
1.0 Topographic Survey 0 08 0 0 0 40 0 0 48
6.0 Structural Calculations 0 08 0 0 0 0 0 10 18
7.0 Frontage Improvements - Curb Ramp Details 0 0 8 24 32 0 00 0 64
7.0 Frontage Improvements - Tree Replacements and Tree Well Installation (VOID-REMOVED FROM SCOPE OF WORK) 0 00 0 0 0 00 0 0
11.0 Permits - Traffic Control 0 0 8 40 0 0 00 0 48
OPTIONAL PROJECT SUM HOURS 0 0 32 64 32 0 40 0 10 178
957
PROJECT MANAGEMENT AND MEETINGS
PRELIMINARY DESIGN
FINAL DESIGN
BID & CONSTRUCTION SUPPORT
OPTIONAL SERVICES
COMBINED BASE PROJECT + OPTIONAL ALLOWANCE TOTAL =
Principal-
in-Charge
QA/QC
Manager
Project
Manager
Sr.
Engineer I Engineer III
Sr.
Constr.
Manager SUB-CONSULTANTS
Harris & Associates, Inc.
3. Fee Schedule 13
3. FEE SCHEDULE
The following is Harris’ fee proposal to provide the
subject Anaheim West Tower Bollards Project PS&E
design services as presented in our proposal. A
detailed resource allocation matrix is also attached for your information and use in evaluating this proposal
and shows the hourly breakdown of all the major
tasks. Harris proposes to provide these services for
the total hourly not-to-exceed fee presented below
and should be considered as a negotiable offer.
We would be happy to discuss the fees and their
association to our proposed scope of work and make
revisions where mutually agreeable.
As requested in the RFP, Harris will work with the City to develop a Work Breakdown Structure (WBS) and
Earned Value Chart that best fits the project needs.
Fees would be invoiced based on the actual number of hours of work completed.
Outside agency fees are not included in the proposed fee. All printing costs and other project related expenses are included in the above fees.
Task Fee
A. Project Management and Meetings $10,180
B. Preliminary Design $35,235
C. Final Design $104,405
D. Bid & Construction Support $10,400
BASE FEE GRAND TOTAL $160,220
Allowance for Optional Services (See Detailed
Breakdown in Chart on following page) $36,670
BASE FEE + OPTIONAL ADDITIONAL SERVICES
GRAND TOTAL $196,890
NOT-TO-EXCEED FEE
Harris & Associates, Inc.
3. Fee Schedule 14
Fee Estimate Table
February 19, 2026
STAFF SUB-
TASK, PHASE, DESCRIPTION HOURS HOURS HOURS HOURS HOURS HOURS KDM T2UE FWCSE TOTALS A
8.0 Project Management and Coordination 1 0 14 0 0 0 $0 $0 $0 $0 4,020.00$ Kick-Off Meeting, Monthly Meetings, Conceptual Feedback Meeting (Task A) 1 0 18 6 0 0 $0 $0 $0 $0 6,160.00$ SUBTOTAL HOURS 2 0 32 6 0 0 40
SUBTOTAL DOLLARS $620 $0 $8,480 $1,080 $0 $0 $0 $0 $0 $0 $10,180 B
1.0 Topographic Survey (See Optional Services)
Base Mapping, Field Confirmation of Survey and Field Conditions 0 0 8 16 0 0 $0 $0 $0 $0 5,000.00$
2.0 Records Research (Task B) 0 0 2 6 12 0 $0 $0 $0 $0 3,530.00$ Utility Detection and Potholing (5 Potholes) - includes Traffic Control, Pothole Slurry Backfill & Utiliy Pothole Data Collection 0 01 8 0 0 $0 $9,745 $0 $975 12,424.50$
3.0 Utility Research & Coordination during Project duration 88 8 $0 $0 $0 $0 4,840.00$
4.0 Ancilliar Improvements (See Task 10)
5.0 Design Alternative Analysis 0 2 8 16 24 0 $0 $0 $0 $0 9,440.00$
6.0 Structural Calculations (See Optional Services)
7.0 Frontage Improvements (See Task 10)
Curb Ramp Details (See Optional Services)
Tree Replacements and Tree Well Installation (See Optional Services)
9.0 Schedule (Non-Task Item)
SUBTOTAL HOURS 0 2 27 54 44 0 127
SUBTOTAL DOLLARS $0 $600 $7,155 $9,720 $7,040 $0 $0 $9,745 $0 $975 $35,234.50 C
10.0 Plans, Specification and Estimate (PS&E)
10.1 50% PS&E Submittal 0 10 30 48 84 0 $0 $0 $0 $0 33,030.00$
10.2 50% Design Workshop 0 0 8 16 0 0 $0 $0 $0 $0 5,000.00$
10.3 90% PS&E Submittal 0 12 32 52 104 12 $0 $0 $0 $0 41,080.00$
10.4 100% PS&E Submittal 0 6 15 38 48 0 $0 $0 $0 $0 20,295.00$
11.0 Permits 0 0 8 16 0 0 $0 $0 $0 $0 5,000.00$
Traffic Control Plans (See Optionsl Services)
SUBTOTAL HOURS 0 28 93 170 236 12 539
SUBTOTAL DOLLARS $0 $8,400 $24,645 $30,600 $37,760 $3,000 $0 $0 $0 $0 $104,405 D
12.0 Bidding & Award Support (Limited to Hours Shown) 0 06 0 0 0 $0 $0 $0 $0 1,590.00$
13.0 Construction Support (Limited to Hours shown) 1 0 10 8 8 0 $0 $0 $0 $0 5,680.00$ As-Built Plans 0 22 4 8 0 $0 $0 $0 $0 3,130.00$
SUBTOTAL HOURS 1 2 18 12 16 0 49
SUBTOTAL DOLLARS $310 $600 $4,770 $2,160 $2,560 $0 $0 $0 $0 $0 $10,400 BASE PROJECT SUM HOURS 3 32 170 242 296 12 755
HOURLY RATES $310 $300 $265 $180 $160 $250 Sub Sub Sub 10% MU BASE PROJECT TOTAL COSTS $930 $9,600 $45,050 $43,560 $47,360 $3,000 $0 $9,745 $0 $975 $160,220 D
1.0 Topographic Survey 0 08 0 0 0 $7,500 $0 $0 $750 10,370.00$
6.0 Structural Calculations 0 08 0 0 0 $0 $0 $3,000 $300 5,420.00$
7.0 Frontage Improvements - Curb Ramp Details 0 0 8 24 32 0 $0 $0 $0 $0 11,560.00$
7.0 Frontage Improvements - Tree Replacements and Tree Well Installation (VOID-REMOVED FROM SCOPE OF WORK) 0 00 0 0 0 $0 $0 $0 $0 -$
11.0 Permits - Traffic Control 0 0 8 40 0 0 $0 $0 $0 $0 9,320.00$ SUBTOTAL HOURS 0 0 32 64 32 0 128
SUBTOTAL DOLLARS $0 $0 $8,480 $11,520 $5,120 $0 $7,500 $0 $3,000 $1,050 $36,670 $196,890
$29,533
$226,423
SUB-CONSULTANTS 10%
Markup
PROJECT MANAGEMENT AND MEETINGS
COMBINED BASE PROJECT + OPTIONAL ALLOWANCE TOTAL =
PRELIMINARY DESIGN
FINAL DESIGN
OPTIONAL SERVICES
BID & CONSTRUCTION SUPPORT
15% Contingency =
TOTAL =
Principal-
in-Charge
QA/QC
Manager
Project
Manager
Sr.
Engineer I Engineer III
Sr.
Constr.
Manager
Harris & Associates, Inc.
Required Forms i
REQUIRED FORMS
• Exhibit E - Conflict of Interest
• Exhibit F - Designation of Subconsultants
Harris & Associates, Inc. Required Forms ii
APPENDIX 2 – Conflict of Interest Form
Conflict of Interest Form for Consultants
(Consultant to complete, sign and submit with the RFWOP Submittals)
The Political Reform Act (Government Code Sections 81000-91014) and Government Code Section 1090 prohibit any Anahei m public official, officer, or employee from involvement in a governmental decision or contract in which he or she has a financial interest. It is the responsibility of the consultant, consultant's e mployees, and subconsultants who perform work under the consultant agreement to evaluat e any potential conflict of inte rests and follow the provisions of the conflict of interest requirements as set forth in Section 2 3 of the consultant agreement. Be advised that a prohibited conflict of interest may void any award where it exists.
I, the undersigned, hereby certify that I have reviewed and understand the above paragraph, and in furtherance of the foregoing, I have evaluated and caused my co mpany's employees and subconsultants to evaluate any potential conflict of interests. Based on this evaluation, I hereby further certify that no such conflict of interests exists.
SIGNATURE OF AUTHORIZED SIGNATORY
_____________________________________ Date: ________________
Print Name: ___________________________
Title: _________________________________
Consultant Name: ____________________________________________
APPENDIX 2
Appendix 2 - Conflict of Interest Form
01/14/2026
Marcus Fuller, PE, PLS
Vice President, Engineering
Harris & Associates, Inc.
Harris & Associates, Inc. Required Forms iii
Appendix 3 - Designation of Sub-Consultants
Harris & Associates, Inc.
Marcus Fuller, PE, PLS
Land Surveying
KDM Meridian
1340 Reynolds Ave, Suite 110, Irvine, CA 92614
949.768.0731
[email protected]
PLS 7564
1000404965
12/31/2025
06/30/2026
Underground Utility Location
T2UES, Inc.
dba T2 Utility
Engineers
5622 Research Dr., Ste A, Huntington Beach, CA 92649
714.487.5783
[email protected]
N/A
PW-LR-1000549974
N/A
06/30/2026
DESIGNATION OF SUB-CONSULTANTS
Submit with Proposal
In compliance with the Provisions of Section 4100-4107 of the Code of the State of California, Labor Code Section 1771.1 and any Amendments thereto, the undersigned certifies that he has used the sub- proposals of the following listed sub-CONSULTANTS in making up his proposal, and that the sub- CONSULTANTS listed will be used for the work for which they proposed, subject to approval of the Engineer, and in accordance with the applicable provisions of the Request for Work Order Proposals. If the proposer does not submit the names and addresses of sub-CONSULTANTS, he shall be required to do the work with his forces. If no sub-CONSULTANTS are listed, all insurance shall be written in the name of the general contractor only, and any liabilities arising through the operation of a sub-contractor shall not be covered by the insurance.
Print clearly and complete ALL lines.
Item of Work
1. Sub-Consultant’s
Name
2. Sub-Consultant’s
Name
3. Sub-Consultant’s
Name
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date DIR Registration No. Exp. Date Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date DIR Registration No. Exp. Date Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date DIR Registration No. Exp. Date
Proposers may be considered NON-RESPONSIVE
if all information is not completely filled in.
PROPOSER'S NAME AUTHORIZED SIGNATURE
Foundation Design
Ficcadenti,
Waggoner and
Castle Structural
Engineers
330 Commerce, Suite 200, Irvine, CA 92602
949.474.0502
[email protected]
4110
1000053413
9/30/2027
06/30/2026